Jelmer Kruijt
Jelmer specialises in NL & EU legislation on financial services and financial products.
He advises a wide range of financials, such as banks, investment firms (MiFID), fintechs and investment funds (AIFMD/UCITS).
Besides his advisory work he regularly litigates liability matters with a financial law component, before District Courts, Courts of Appeal and the Dutch Financial Complaints Committee (Kifid).
Through his years of experience gained as a (interim) legal counsel, Jelmer knows his client’s needs and challenges. Clients appreciate his pragmatic approach and his practical interpretation of complex financial legislation.
After graduating from the University of Utrecht in 2005 (economic public and company law), Jelmer successfully completed the Grotius postgraduate specialization course on securities law in 2012 and the Oxford Fintech Programme in 2018.
Jelmer is one of the core editors of SDU’s Financial Law huB, case-law editor for SDU’s OpMaat Financial Law, a member of the Dutch Association for Financial Law and a member of the Dutch Association for AI- and Robot Law.
Recent work
Recent work includes representing and advising on:
- MiFID license applications for UK investment firms
- declaration of no-objection applications for a group of shareholders with the Dutch Central Bank (DNB)
- advising a large cooperation on the requirements to become a licensed insurer under the Dutch Solvency II Basic regime
- advising a Private Equity adviser with regard to its cooperation with a large investment firm
- advising a group of intermediaries and advisers in credit and insurances
- advising an investment fund with regard to its cross-border offering of participation rights, including drafting fund documentation and marketing material
- defending an asset manager against an investment claim
- the liability of an investment fund and its manager for misleading conduct
- drafting a legal framework with regard to the Dutch Act on Financial Supervision for a listed multinational
Publications
- What is a co-policymaker according to the AFM?, Insurance law, Liability, Damages and Supervision (VAST 2024/B-038)
- What is a factual policymaker according to the AFM? Insurance law, Liability, Damages and Supervision (VAST 2024 / B-035)
- Application Requirements MiFID license in the Netherlands, VESPER Attorneys
- Annotation to the Court of Appeal The Hague 8 November 2022 on the special duty of care of Dutch banks towards third parties, the Dutch Corporate Case-Law Journal, JOR 2023/74
- Dutch Chapter of GLI’s Banking Regulation 2023
- Dutch Chapter of the International Asset Management and Investment Funds Review 2022/23
- The EU Artificial Intelligence Regulation and the impact on financial companies, the Dutch Journal for Financial Law in Practice, nr. 7-8/2021
- Case-law on perpetuals, steepeners and floaters relevant again due to COVID-19?, the Dutch Journal for Financial Law, 2020/6
- Signal traders and the Dutch Act on Financial Supervision, the Dutch Journal for Financial Law, 2017/9
- Ten tips for a solid investment management agreement, the Financial Investigator, 2017/2
- AFM-license for collection agencies and bailiffs, the Credit Manager, 2017/1
- The draft Act on Investment Objects and Investment Bonds, the Dutch Journal for Financial Law, 2016/10
- Does your outsourcing contract comply with DNB’s new requirements?, the Financial Investigator, 2014/7
- Complex financial products, a growing source of investment claims, Banking and Securities Business, 2009/9
